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STATE v. EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY

No. 03-97-00817-CV

981 S.W.2d 509 (1998)

STATE of Texas, Appellant, v. THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY d/b/a Parks Good Samaritan Village, Appellee.

Court of Appeals of Texas, Austin.

December 3, 1998.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Rande K. Herrell, Asst. Atty. Gen., Financial Litigation Division, Austin, for appellant.

Randall C. Doubrava, James K. McClendon, Hilgers & Watkins, P.C., Austin, for appellee.

Before Justices JONES, KIDD and YEAKEL.

MACK KIDD, Justice.

The Attorney General, upon referral from the Texas Department of Human Services (the "TDHS"), brought suit against appellee The Evangelical Lutheran Good Samaritan Society (the "Society") seeking civil penalties for violations under chapter 242 of the Texas Health and Safety Code regarding the operation of one of the Society's nursing homes. The Society filed a motion to show cause by what authority the Attorney General was authorized to file suit...

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